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Section IV: Code of Conduct and Workplace Behavior

4.01. Code of Conduct and Workplace Behavior

    1. The College and College employees shall follow New Mexico statutes dealing with conflict of interest. (See Sections 10-16-1 through 10-16-4.1, 10-16-6 through 10-16-9, 10-16-11, 10-16-13.1 through 10-16-14 and 10-16-17, NMSA 1978 (1995 Repl.)).
    2. College employees shall maintain the highest standards of business ethics as they conduct business on behalf of the College.
    3. College employees shall perform their duties in a manner that would not give rise to the appearance of conflict of interest.
    4. College employees who teach, coach, evaluate, allocate financial aid to or guide students over whom they have professional responsibility or authority shall not engage in any dating, romantic or sexual relationships with students.
    5. It is the policy of CNM that certain rules and regulations regarding employee behavior are necessary for efficient business operations and for the benefit and safety of all employees. Conduct that interferes with operations, discredits the College, is in violation of College policy, is unsatisfactory or is offensive will not be tolerated. Employees are expected at all times to conduct themselves in a positive manner to promote the best interests of the College. Examples of behavior that may result in disciplinary action, including possible termination, are:
      1. treating others in a discourteous manner;
      2. wearing clothing inappropriate for the work being performed;
      3. failing to report to work punctually at the assigned times, or failing to be at the proper work station ready for work as scheduled;
      4. failing to maintain cleanliness and order in the workplace and work areas;
      5. fighting with or assaulting others;
      6. threatening or intimidating others;
      7. falsifying or altering any College record or report, such as an application for employment, a medical report, a production record, a time record, a financial record, an absentee report, or a shipping and receiving record;
      8. stealing, destroying, defacing or misusing College property or another’s property;
      9. engaging in acts of insubordination including, but not limited to, refusing to follow management’s instructions concerning a job-related matter;
      10. using profanity or abusive language;
      11. sleeping on the job;
      12. gambling on College property; and
      13. playing malicious or dangerous pranks or practical jokes, or engaging in horseplay.
      14. alcohol and substance abuse;
      15. dishonesty;
      16. sexual or any other form of illegal harassment;
      17. possession of deadly weapons on CNM property;
      18. poor work performance;
      19. violation of CNM’s leave policies; and
      20. violation of CNM policies or directives.

This list is not intended to be and should not be considered an exclusive listing of inappropriate behavior. Indeed, it would be impossible to list all the circumstances under which discipline may be imposed. CNM retains complete discretion to administer discipline for behavior it deems inappropriate, whether listed above or not.

  1. Any employee who knows of any act prohibited by law or by College policy or the code of conduct shall report it promptly to the appropriate administrator.  In the case of any financial impropriety, the employee shall report circumstances to the internal Audit Department.
  2. No employee shall threaten, coerce, manipulate, or mislead an auditor engaged in the performance of an audit.

4.02. Conflict of Interest

No College employee shall knowingly:

  1. disclose or use confidential information about the College to advance the financial or other private interest of said employee or others;
  2. use College assets or equipment for any unlawful or improper purpose or to promote a personal business interest;
  3. approve or make any payment of College funds with the intention that any part of said funds be used for any purpose other than that described in the supporting documents;
  4. participate in the negotiation or the making of any contract between the College and any business entity in which the employee has a financial interest, either directly or indirectly;
  5. represent a private interest in any action or proceeding before the Governing Board;
  6. request or receive any money, thing of value or promise thereof, that is conditioned upon or given in exchange for performance or promised performance of an official act;
  7. receive pay for tutoring any student in the employee’s class;
  8. charge a student a fee to be paid to the employee for any services rendered the student on College property or for any teaching or tutoring service relating to the student’s instruction at the College;
  9. purchase for sale to students any goods or equipment of any kind without approval of the department dean and/or appropriate vice president;
  10. sell to students for personal profit any goods or equipment of any kind;
  11. render any commercial service to the College on a commission basis;
  12. serve on any College evaluation committee for proposals or bids without disclosing any potential conflict of interest prior to the start of committee business.

4.03. Sexual Harassment

It is CNM policy to prohibit harassment of any employee by a supervisor, employee, customer or visitor including harassment on the basis of sex, sexual orientation, gender or gender identity.  The purpose of this policy is not to regulate personal morality within CNM; it is to ensure that at CNM all employees are free from harassment on the basis of sex, sexual orientation, gender or gender identity.  Sexual harassment is unlawful.

  1. Definition.
    Sexual harassment means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
    1. submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or a basis for employment decision; or
    2. such advances, requests or conduct have the purpose or effect of  unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.
  2. Examples
    1. While it is not easy to define precisely what types of conduct could constitute sexual harassment, examples of prohibited behavior include, but are not limited to:
      1. unwelcome sexual advances;
      2. requests for sexual favors;
      3. obscene gestures;
      4. displaying sexually graphic magazines, calendars, or posters;
      5. displaying derogatory cartoons, posters and drawings;
      6. sending sexually explicit e-mails or voice mail; and
      7. other verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual  nature or sexually-related comments.
    2. Depending on the circumstances, the conduct can also include:
      1. sexual joking;
      2. vulgar or offensive conversation or jokes;
      3. commenting about an employee’s physical appearance;
      4. conversation about your own or someone else’s sex life;
      5. teasing or other conduct directed toward a person regarding his or her sexual orientation  or because of his or her gender or gender identity which is sufficiently severe or pervasive  to create an unprofessional and hostile working environment..
    3. Procedure
      1. Anyone who feels he or she has been subjected to conduct that violates this policy has the responsibility to immediately report the matter to his or her designated CNM Human Resources  Representative.
      2. If the Human Resources Representative is unavailable or if you believe it would be inappropriate to contact that person, you should immediately contact CNM’s Human Resources Director.
      3. If you are unsure to whom you should raise an issue of harassment, or if you have not received a satisfactory response within five (5) business days after reporting any incident of what you perceived to be harassment, please immediately contact CNM’s Executive Director of Employee Relations in the Human Resources Department, who will insure that an investigation is immediately conducted.
      4. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate, up to and including discharge for any employee(s) who violate(s) this policy.
      5. To the extent possible, the confidentiality of the reports will be maintained.
    4. All supervisors are accountable for effective administration of this policy. Any supervisor who has received a complaint or is aware of possible harassment at CNM by anyone –- including other supervisors, co-workers, visitors, students or contractors –- must immediately advise the Director of Human Resources.  Supervisors who fail to do so will face disciplinary action, including possible termination of employment.
    5. CNM will not allow any form of retaliation against individuals who report unwelcome conduct to CNM management or who cooperate in the investigation of such reports in accordance with this policy.  Retaliation is unlawful.  Any form of retaliation in violation of this policy will result in disciplinary action, up to and including discharge.

4.04. Nepotism

  1. No person may be hired who is related to a member of the Governing Board in the following manner: father, mother, child, brother, sister, grandfather or grandmother, grandson or granddaughter, aunt or uncle, nephew or niece. Work-study student employees are excluded from the prohibition of this paragraph.
  2. No person may be assigned to a supervisory or subordinate position to another employee within the College if the employees are related in the following manner: father, mother, child, brother, sister, grandfather or grandmother, grandson or granddaughter, aunt or uncle, nephew or niece.

4.05. Reporting Observed, Suspected, or Apparent Misconduct

Effective Date: 8/12/14

General

Central New Mexico Community College (CNM) employees, and individuals associated with CNM, acting in good faith, should report any observed misconduct, whether suspected or apparent. Misconduct is any activity performed by a CNM employee that violates state and/or federal laws or regulations, local ordinances, or CNM policies.  College employees are to maintain the highest standards of personal and professional ethics as they conduct business on behalf of the College, as outlined in the CNM Employee Handbook, Code of Conduct Policy, Section IV.

CNM is committed to conducting an initial review and continuing with a thorough investigation into allegations of misconduct where warranted, while protecting the rights of all involved.  Misconduct should be reported as soon as reasonably possible, preferably within thirty (30) days from the time the employee becomes aware of the observed, suspected, or apparent misconduct.

Retaliation is not tolerated by CNM and will be promptly investigated.  Retaliation is any adverse action taken against an employee because that employee reported suspected misconduct.  Any employee who interferes with, tries to interfere with, or retaliates against the rights of another employee for reporting suspected misconduct or cooperating in an investigation is subject to disciplinary action, up to and including termination.  CNM is committed to protecting employees who report suspected misconduct in accordance with the Whistleblower Protection Act (Whistleblower Protection Act - § 10-16C-1. - N.M. Stat. Ann. § 10-16C-1 et seq (2012)).  Where possible, confidentiality will be maintained, however, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defense.  

False or Inaccurate Accusations

It is important to protect individuals from false, unsubstantiated, or inaccurate accusations.  An employee who knowingly provides false information or knowingly makes a false report of suspected misconduct or a subsequent false report of retaliation, or who knowingly provides false answers or information in response to an ongoing investigation will be subject to disciplinary action, up to and including termination by CNM.

The procedure for reporting and investigating misconduct can be found in The Source, along with the procedure detailing the steps the College will take for any interference or retaliation as a result of reporting observed, suspected, or apparent misconduct.